Laserfiche WebLink
CM0000887 <br /> 0o W -- <br /> prior written notice to the Reservoir Company, Climax may terminate its operation of the Dam 4 <br /> Seepage Pumpback Facility and remove and/or eliminate said facility if it obtains written <br /> approval from the Colorado Division of Minerals and Geology and the Colorado Department of o <br />, <br /> Health. Notwithstanding such approval and removal of the Dam.4 Seepage Pumpback Facility, \ <br /> Climax shall remain liable for any ground or seepage water escaping from Eagle Park Reservoir <br /> that does not meet the water quality standards of the East Fork of the Eagle River. ?. <br /> r, <br /> vm? <br /> (b) As set forth in paragraph 2(d) above, Climax is obligated to permit m m <br />? <br /> , <br />construct and make operational the Robinson Seepage Pumpback Facility. The Robinson , <br />m a'? <br /> Seepage Pumpback Facility is not included among the Project Rights being purchased pursuant = CW, <br /> to this Agreement, and Climax shall be solely responsible for the maintenance and operation of 1 <br /> the Robinson Seepage Pumpback Facility. Climax further agrees that it shall continue to operate -V <br /> and maintain the Robinson Seepage Pumpback Facility at any time that water captured by any w <br /> component of the Robinson Seepage Pumpback Facility does not meet the water quality A a <br /> standards of the East Fork of the Eagle River as determined by the Colorado Department of r .? <br /> Health. w ... <br /> <br /> <br />10. Indemnifications. C <br /> <br /> (a) Permit Breach. Climax hereby agrees to indemnify and hold the <br /> Reservoir Company and its shareholders harmless for all loss, cost, liability and expense <br /> (including reasonable attorney's fees and expenses) arising from Climax's violation of any <br /> permit or its permitting obligations hereunder. <br />(b) Environmental. Climax hereby agrees to indemnify, defend (with counsel <br />reasonably satisfactory to the Reservoir Company) and hold the Reservoir Company and its <br />;a shareholders harmless from any and all claims, obligations, liabilities; costs, expenses and <br />attorney's fees incurred based upon or arising out of any obligation, liability, loss, damage or <br />expense, of whatever kind or nature, contingent or otherwise, known or unknown, incurred under <br />or imposed by any provision of federal, state or local law, regulation, common law, court orders <br />or settlement agreement, or any losses or expenses (including attorneys fees) incurred as a result <br />of third party claims pertaining to health, safety, or environmental protection or hazardous <br />substances, or pollutants or contaminants in: (i) Eagle Park Reservoir, (ii) the East Fork <br />Pumpback and Delivery Facilities, and any easements associated therewith, (iii) the Chalk <br />Mountain Interceptor and the easements associated therewith, and (iv) any water stored or <br />collected for storage in Eagle Park Reservoir, including but not limited to any unintercepted <br />seepage or inflows from Robinson. Reservoir; provided that Climax shall not be responsible for <br />hazardous substances, pollutants or contaminants introduced into any of the foregoing facilities <br />by third parties if not within the reasonable control of Climax, or any ambient pollutants <br />materially occurring from any unimpacted lands above the Chalk Mountain Interceptor, or any <br />unimpacted lands on Sheep Mountain. <br />fd2669 'g' <br />1111111 1111111111111111 illll 111111 11111 111 IIIII IIU IIII <br />666203 08/17/1998 03:10P 23 Sara Fisher <br />8 of 112 R 661.00 D 0.00 N 0.00 Eagle CO